HORN v. HITCHCOCK


332 Mass. 643 (1955)

127 N.E.2d 482

ROY R. HORN & another vs. FREDERICK J. HITCHCOCK & others.

Supreme Judicial Court of Massachusetts, Essex.

June 3, 1955.


Attorney(s) appearing for the Case

Wilbert A. Bishop & Wilbert A. Bishop, Jr., for the plaintiffs, submitted a brief.

No argument nor brief for the defendants.

Present: QUA, C.J., WILKINS, SPALDING, WILLIAMS, & COUNIHAN, JJ.


WILKINS, J.

This is a bill to enjoin a sheriff's sale of real estate on execution. From an interlocutory decree sustaining a demurrer to the bill and a final decree dismissing the bill, the plaintiffs appealed.

A summary of the allegations of the bill, as amended, follows. The plaintiffs Roy R. Horn and Helen M. Horn are the owners of land in Nahant, described by metes and bounds, which is "Lot 1, as shown on plan entitled `Plan of a Portion of Land owned...

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